PNWGST Online Terms of Service
Last update: 3/20/20
Pacific Northwest Gymnastic Strength Training LLC will be referred to as PNWGST, or PNWGST Online in the below agreement.
PLEASE READ THIS DOCUMENT CAREFULLY. PNWGST Online Coaching (Pacific Northwest Gymnastic Strength Training LLC, “we,” or “us”) is an online fitness service (Service) located at PNWGST.com (Site) with related mobile applications and desktop applications and websites. By registering as a member or by using the PNWGST Online Coaching system in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and PNWGST LLC. Prior to using the PNWGST Online Coaching Service, it is important for you to know and understand that by visiting the Sites and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the PNWGST Online Coaching service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE PNWGST Online Coaching Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and request termination of your membership.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAS A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE PNWGST ONLINE COACHING SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE PNWGST ONLINE COACHING IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
PNWGST LLC SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE USE OF PNWGST ONLINE COACHING SERVICES.
- Who May Use the PNWGST Online Coaching Service
AGE REQUIREMENT: You must be at least 18 years old to use PNWGST Online Coaching.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of PNWGST Online Coaching. If your child is using PNWGST Online Coaching without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about PNWGST Online Coaching, please contact us at firstname.lastname@example.org.
- Professional Advice and Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE PNWGST ONLINE COACHING IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
PNWGST ONLINE COACHING OFFERS EXERCISE AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON PNWGST.COM OR AVAILABLE THROUGH ANY PNWGST ONLINE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE pnnwgst.com WEBSITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE AN OF THE PNWGST ONLINE PLATFORMS OR RESOURCES. THE USE OF ANY INFORMATION PROVIDED IS TO BE USED SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL 911 AND YOUR HEALTH CARE PROFESSIONAL IMMEDIATELY.
THE PNWGST ONLINE COACHING SITE IS CONTINUALLY UNDER DEVELOPMENT AND PNWGST LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE PNWGST ONLINE COACHING PLATFORMS WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
- Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall PNWGST LLC, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) PNWGST LLC’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to PNWGST LLC over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
By deciding to use PNWGST Online Services you are consenting to grant permission to the rights of your image, likeness, and sound of your voice as recorded on audio or video without payment or any other consideration. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your image or recording. You also understand that this material may be used in diverse educational settings within an unrestricted geographic area. By using PNWGST Online Services you are agreeing to this release and understand that this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to photographic, audio, or video recordings uploaded to the TureCoach App, the PNWGST Online FaceBook Group, collected during PNWGST LLC classes, or collected through any other PNWGST Services and platforms.
THIS MAINLY APPLIES TO INSTAGRAM AND FACEBOOK CONTENT. And should you have an issue with any content being circulated contact email@example.com and we can most likely remedy the situation.
- Membership Provisions
REGISTRATION: To use PNWGST Online Coaching, you must Buy the “PNWGST Online” membership option presented on the MindBody app, by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to PNWGST Online Coaching and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by PNWGST Online Coaching. If you wish to inquire about possible commercial use, please contact us at firstname.lastname@example.org.
PNWGST LLC may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately.
Auto billing; Subscription Fees; Free Trial Terms. PNWGST Online Coaching is a paid, auto-renewing subscription service. If you sign up for Online Coaching you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until you submit a cancelation request to info@PNWGST.com.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, email a cancelation request to email@example.com, please include why you wish to pausing or canceling your membership. Your monthly subscription will be canceled and depending on your billing cycle you might get charged one more month. Sorry– there are no refunds on PNWGST Online Coaching subscriptions for billing periods that have already lapsed.
Authorization. When you sign up for our Service and provide a payment method to PNWGST Online Coaching, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS PNWGST ONLINE COACHING, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU REQUEST A CANCELATION OF YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above.
Changes. PNWGST Online Coaching may change, modify, add, remove, suspend, cancel, or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in PNWGST’s sole discretion.
- Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use Purchase PNWGST Coaching and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to email us at firstname.lastname@example.org.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from PNWGST Online that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: PNWGST Online Coaching may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if PNWGST Online Coaching determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage PNWGST Online Coaching’s reputation or goodwill. If PNWGST Online Coaching deletes your account for the foregoing reasons, you may not re-register for the PNWGST Online Coaching. PNWGST Online Coaching may block your email address and Internet protocol address to prevent further registration. PNWGST Online Coaching is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
- Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Advocates harassment or intimidation of another person;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Contains video, audio photographs, or images of another person without his or her permission
(or in the case of a minor, the minor’s legal guardian);
- Depicts animal cruelty or extreme violence towards animals; or
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
You agree to indemnify, defend, and hold harmless PNWGST Online Coaching and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the PNWGST Online Coaching Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to PNWGST Online Coaching violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. PNWGST Online Coaching reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PNWGST Online Coaching in connection therewith.
- License to Use the PNWGST Online Coaching Service
LICENSE: PNWGST LLC and PNWGST Online Coaching grants you a limited, non-exclusive license to access and use the PNWGST Online Coaching Service for your own personal, non-commercial purposes. This includes the right to view content available on PNWGST Online platforms. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by PNWGST Online Coaching in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the PNWGST Online Coaching Service. Nor will you take any measures to interfere with or damage the PNWGST Online Coaching Service. All rights not expressly granted by PNWGST Online Coaching are reserved.
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against PNWGST Online Coaching in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Pacific Northwest Gymnastic Strength Training LLC, PNWGST Online Coaching or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and PNWGST LLC or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against PNWGST LLC (except for small-claims court actions) may be commenced only in the federal or state courts located in Benton County, Oregon. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and PNWGST LLC, shall be governed by the laws of the state of Oregon without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by PNWGST LLC in exercising any right hereunder will waive any further exercise of that right. PNWGST’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without PNWGST LLC’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from PNWGST Online Coaching electronically. PNWGST LLC may provide all such communications by email or by posting them on the PNWGST Online Coaching Service. For support-related inquiries, you may send an email to email@example.com or the following address:
PNWGST, LLC, 963 NW. Jackson Ave, Corvallis, OR 97330 Attention: Legal Department
Nothing herein shall limit PNWGST LLC’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by PNWGST LLC on the PNWGST.com Site. A revised Terms of Service will be effective as of the date it is posted on the PNWGST Site.